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The United States of America v. Edward Paul Washington, 237 F.2d 632, 3rd Cir. (1956)
The United States of America v. Edward Paul Washington, 237 F.2d 632, 3rd Cir. (1956)
2d 632
Appellant was charged with unlawfully passing a forged and altered Post Office
money order and with having in his possession another money order which he
falsely altered in a material respect.
took place the same day as his arrest is inferentially admitted. Appellant does
not deny his guilt of the offenses charged. He makes no contention that his
confession in the course of the above referred to questioning was other than
voluntary. And specifically, as he states in his brief, 'He is not contesting the
procedure that took place in the U.S. District Court at the time of appellant's
trial, November 4, 1955 at Newark, N.J.' The district judge, properly treating
the motion as coming under 28 U.S.C. 2255, denied it. From the order
entered on that decision this appeal is taken.
4
Appellant makes the same argument as he did in the district court, namely, that
he was interrogated after his arrest and before he was arraigned and was not
then advised of his right to counsel. He alleges 'he was denied legal procedure
of 'due process of law' at the time of his arrest and detention on October 27,
1955' but there is no support for that assertion. And there is nothing indicating
that after his arrest he was not brought before 'the nearest available
commissioner' in accordance with Rule 4(b) of the Federal Rules of Criminal
Procedure, 18 U.S.C. and 'without unnecessary delay' as Rule 5(a) of said Rules
directs. We find no constitutional problem involved in this appeal. On the facts
the McNabb decision, McNabb v. United States, 1943, 318 U.S. 332, 63 S.Ct.
608, 87 L.Ed. 819, and others cited by appellant have no pertinency.
Jurisdiction was present in the district court. The plea of guilty under the
circumstances of this case waived all nonjurisdictional defects and defenses and
admitted all the averred facts in the information. United States v. Gallagher, 3
Cir., 1950, 183 F.2d 342, 344. See also United States v. Riccardi, 3 Cir., 1951,
188 F.2d 416, 417.